Developments in Sri Lanka From Conflict to Sustainable Peace THE EMBASSY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA TO BELGIUM, LUXEMBOURG AND THE EUROPEAN UNION 1
Developments in Sri Lanka From Conflict to Sustainable Peace 1. Restoration of public life in the former theatre of conflict a. Completion of the demining process: As at August 2013, approximately 96% of the areas identified for demining have been cleared. Sri Lanka Army has cleared over 75% of the total area. Only an area of 86 Sq Km is left to be cleared. This is a significant achievement given the short span of time passed since the end of conflict and when compared with other post-conflict situations around the world. The progress achieved in demining contributed to the speedy resettlement of IDPs. b. Rehabilitation of ex-combatants and their re-integration into society: 11,872 of former ex-combatants have been rehabilitated and reintegrated into society. 171 remain under rehabilitation following legal proceedings. All 594 LTTE Child Combatants have been rehabilitated and reunited with their families within one year. Access to secondary, tertiary education and vocational & skills training were provided to excombatants. c. Completion of residual resettlement issues: 297,000 persons housed at Manik Farm Welfare village immediately after the conflict in 2009 are now fully resettled. [Manik Farm Welfare Village was closed on 24 September 2012]. Steps are being taken to expedite resettlement of remaining 7,094 IDP families in the North and East. Of this figure 5,585 families are staying with host families. Steps also being taken to provide durable solutions to the issue of protracted IDPs including Muslim IDPs.From 2010 to 2012, Rs. 392 million has been provided for the payment of compensation.rs. 204 million was provided as compensation in 2013. d. Provision of housing (local and foreign-aided projects): As at 30 November 2013, 42,148 new houses have been constructed and 10,678 partly damaged houses have been renovated by the Government of Sri Lanka (GoSL), the Government of India, UN agencies, NGOs and other agencies. Currently, 15,190 new houses are being constructed and 819 houses are being renovated. The above mentioned stakeholders have also undertaken commitments to build additional 21,820 new houses and renovate 4,046 partly damaged houses, during the next few years. e. Provision of livelihood support: Support has been extended through State and private banks for those re-settled to start self-employment or their own enterprises. Needs of the people have been taken into account by the banking sector in providing such support. 2
f. Restoration of education system: The number of schools opened in the Northern Province has increased from 840 (in 2010) to 982 (in 2012). The number of students has increased from 214,262 to 255,106 for the corresponding period. The number of teachers has increased from 12,205 to 14,826 during the same period. The Student/Trained teacher ratio of the Northern Province is 32 whereas the corresponding national level figure is 31. Out of the total number of schools in Sri Lanka 9,905, 6,820 are Sinhalese schools, 2,223 are Tamil schools, and 856 are Muslim schools. There are 887 Tamil schools outside the Northern Province and Eastern Province (with 475 Muslim schools). There is not a single Sinhalese school functioning in the three districts, Jaffna, Mullaitivu and Killinochchi. GCE Advance Level Results 2013: The highest success rate in performance of school candidates by Province (63.88%) at GCE Advanced Level 2013 has been recorded from the Northern Province. The Eastern Province is placed third, with a percentage of 60.72%. Highest success rate in performance of all candidatesby Province (62.23%) has also been recorded from the Northern Province. The Eastern Province is placed fifth, with a percentage of 58.35%. Five districts in the Northern Province are in the first five places in the performance of school candidatesby District and a district in the Eastern Province is placed 6 th in the list. In the stream-wise performance, - Killinochchi recorded the highest success rate (84.21%) and Mullaitivu recorded the second highest (79.44%), in the Arts stream. - Batticaloa recorded the highest success rates of Physical Science (57.53%) and Commerce (65.50%). - Batticaloa also recorded the second highest success rate (60.50%) of the Bio Science and Jaffna recorded the second highest success rate (54.39%) in Physical Science. g. Restoration of health and nutrition: Curative and Preventive Institutions in the Northern Province is as follows; Teaching Hospital - 01 District General Hospital - 04 District Base Hospitals - 7 Divisional Hospital - 57 Primary Medical Care Units - 33 3
MOH Office - 30 Clinic Centres - 381 Comparative Health Indicators; The number of Curative Care Institutions and number of beds per population (Population - 5,837,294) in the Western Province is 149 and 20,955 respectively. The corresponding numbers per the population of the Northern Province (Population- 1,060,023) are 102 and 5,348. Counselling and psychological support for the conflict-affected people: Pursuant to the NPoA of the LLRC, special counselling programmes are being conducted by the Ministry of Child Development and Women s Affairs in collaboration with the National Institute on Social Development in the North and the East. h. Demilitarization Removal of High Security Zones: The former High Security Zones (HSZ) have ceased to exist.out of the total area of the previous HSZ (4098.36 hectares) in the Jaffna peninsula, a 52% (2128.0722 hectares) has been released. An area of 1970.2878 hectares is presently being used by the Palaly Cantonment. Security restrictions remain only in the Palaly Cantonment, but within the Cantonment civilians have unrestricted access to the Palaly Airport and the Kankasanturai harbor. Decrease of military presence (including from private/public land): Military presence in the Northern Province has been reduced by 30% of its peak levels during the conflict. Continuous evaluation of the security requirements being made to facilitate further reduction of troops. Removal of road barriers/ check points: The numbers of security barricades, roadblocks and checkpoints in the North and the East have been reduced by 99%. Disarmament of para-military groups: All paramilitary forces have been disarmed. Resolution of child soldiers: Sri Lanka was delisted by the UN Secretary General from the Annex II of the UN Security Council Resolution 1612, on Children and Armed Conflict. Removal/clearance of hidden arms stocks: A large amount of weapons, war materials, explosives and equipment have been recovered from the North and the East, since 2009, which process is still continuing. i. Economic Development: 4
Northern Province has recorded a Provincial GDP (PDGP) growth rate of 25.9% for 2012 (the highest growth of any Province) contributing 4.0% to the National Economy up from 3.7 % in 2011 while the Eastern Province registered the second growth of 25% in the PGDP with an increase in its GDP share to 6.3% in 2012 from 5.8% in 2011. Paddy Production of the Northern Province Paddy production of Yala and Maha season in the Northern Province in 2009/2010 was 113,382 MT. The correspondence production for 2012/2013 was 225,720 MT. Fish production of the Northern Province The growth of both marine and inland fishing production has increased by 47% in 2011/2012 compared to 39% of 2010/2011. Milk Production of the Northern Province All Island milk production for the year 2012 is 299,250,000 litres; of which the Northern Province accounts for 31,755,000 litres. Infrastructure development: Major Electricity Projects in the North and the East: - UthuruJanani Thermal Power Plant: Jaffna - Kilinochchi Chunnakam Line Transmission Project [Cost Rs. 1,760 million]: Completed in 2013 and energized on 14th August 2013 - Transmission System Strengthening (Eastern Province) Project [Cost US$ 25.2 million] - North East Power Transmission Development Project [Cost US$ 55 million] Rehabilitation of road network: 1,258km of National Highways, 2,021km of Provincial Roads and 7,500 km of Rural Roads have been rehabilitated. The GoSL invested US Dollars 652.23 million for rehabilitation of Northern Railway network. [252.5km of Railway Line and 313 km of Signalling and Telecommunication work]. Water and sanitation: Almost all domestic drinking water wells were cleaned and repaired (around 30,000) underthe supervision of National Water Supply & Drainage Board and assisted by UNICEF/INGOs. It was made a requirement to include a toilet in all semi-permanent and permanent houses in order to provide adequate sanitation facilities. The total investment in the Northern Province -Rs. 29,912.05 mn Major water supply and sanitation project to Jaffna Peninsula - Rs. 25,920.00mn Total investment for proposed future projects - Rs.33, 089.35mn 5
Restoration of irrigation Northern Province is largely agricultural having both rain-fed and irrigated farming. As of to date 63 major irrigation schemes (irrigable area 108,856 acres) and 266 minorirrigation schemes (irrigable area 80,677 acres) have been restored. Private Sector investments approvedby the Board of Investments (BoI) There are 29 private sector projects in the Northern Province and the total investment is Rs. 70,988 million. The total investment for Raigam Eastern Salt Company in Kuchchcaveliin Eastern Province is Rs. 500 million. 2. The implementation of recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) I. Accountability issues a. Trinco 5 (killing of 05 students in Trincomalee in 2006): The Non-Summary inquiry in this case commenced on 09 September 2013 and evidence of three police officers who reached the crime scene after the alleged incident have also been concluded. These witnesses were cross examined by the defense Counsel. It has been revealed that eight witnesses who are in the prosecution list have left the country and are living overseas. The inquiry recommenced on 29 October 2013, evidences of five witnesses were concluded. Prosecution is taking all reasonable measures available to locate and notify the other witnesses who are living abroad. The next date of inquiry is on 06 March 2014. b. ACF 17 (Killing of 17 NGO workers on 04 August 2006 in Muttur): As per instructions of the Attorney General, steps are being taken to record statements of army commandos and civil society members including a member of a Local Council and an employee of same. The CID also have interviewed and recorded statements of 12 employees of the ACF. The Criminal Investigation Department is conducting further investigations. c. Establishment of a five-member Army Court of Inquiry (C o I): A Court of Inquiry (C of I) was established by the Commander of the Sri Lanka Army to inquire into the observations made by the Lessons Learnt and Reconciliation Commission (LLRC) in its report on alleged civilian casualties during the final phase of the Humanitarian Operation and probe as regards Channel-4 video footage irrespective of its authenticity or otherwise. The five-member C of I was appointed on 2 January 2012 by virtue of the powers vested in the Army Commander by Regulation 4 of the Courts of Inquiry Regulations, read with the Regulation 2 of the Army Disciplinary Regulations, and is headed by a Major General. 6
During the first part of C of I, it observed that instances of shelling referred to in the LLRC Report were not caused by the Sri Lanka Army and civilian causalities might have occurred due to unlawful acts by the LTTE. The second part of C of I is in progress. It commenced in March 2013. At present, C of I is interviewing various Field Commanders to verify the relevant formation and identify potential witnesses. d. Establishment of an Army Board of Officers:(to study LLRC recommendations with regard to institutional, administrative and legislative measures to be taken to prevent any recurrence of terrorism and promote reconciliation); A Board of Officers was appointed by the Army Commander to study LLRC recommendations and identify areas that were relevant to the Army in order to formulate a viable Action Plan to address the specific areas thus identified. The Army Commander handed over the report of the Board of Officers to the Secretary of Defense on 24 January 2013. e. Setting up of a database on detainees at TID: A centralized, comprehensive database of detainees was established at the Terrorist Investigation Division (TID) of the Police. A round-the-clock mechanism has been set up in Colombo, Vavunia and Boossa where the details of detainees and those released from detention can be obtained by NoKs. The ICRC is collaborating with GoSL on matters relating to remanning 188 detainees, including spot visits. f. Action against alleged cases of disappearances including GoSL s engagement with the WGEID: An Inter Ministerial Working Group to verify cases on alleged disappearances was established to address cases brought to the attention of the Government of Sri Lanka by the Working Group on Enforced or Involuntary Disappearances (WGEID), for reporting back where possible, while remaining engaged. Since 2012 the Government of Sri Lanka has transmitted responses on 843 cases to the Working Group and220 cases being processed for transmittal. 228 cases are being investigated. The GoSL and ICRC continue to collaborate on matters relating to alleged disappearances, and the remaining 188 detainees. This collaboration includes studying practical methodologies adopted by other countries in dealing with cases of alleged disappearances. g. Establishment of a three-member Commission of Inquiry to investigate cases of alleged abductions or disappearances from 1990-2009 in the Northern and Eastern Provinces: The Government in August 2013 appointed a three-member Commission to Investigate Missing Persons in the Northern and Eastern provinces during the period June 1990 to May 2009. The Commission is authorised to conduct necessary inquires and investigations. It conducts hearings in the relevant Districts and evidence can be provided in all 3 languages. As of January 2014, the Commission has received 9,300 complaints from civilians and 4,300 complaints from NOK of security forces personnel totalling 13,700 complaints. [The manner 7
with which the Commission is proceeding on its mandate has been examined and commended by the ICRC and UNDP] A website will be launched by the Commission to facilitate complaints to access information regarding status of their complaints. h. Establishment of Census to ascertain details of people deaths/injured and property damages since 1982 up to date: The field enumeration was completed on 20 December 2013. The Department of census and Statistics is hoping to issue and interim report by about March this year, given that it takes about a year to release a full report. II. Land issues a. Measures to resolve issues of competing claims: The Commissioner General of Land has initiated a new programme to resolve land issues of the people resettling in the Northern and Eastern provinces in the two-year period 2013 2014. As of November 2013, 140,720 complaints have been received from the North. Out of the said complaints, 21,509 have been resolved so far. As of November 2013, 7,718 requests have been received from the East seeking solutions for land issues. Out of the said requests 979 have been resolved so far. Land areas held by the security forces during the protracted conflict have largely being released to the original owners. To date, 20,001 acres of private land and 5,740 acres of State land have been released in the North and the East. b. Preparations for the 4 th Land Commission: Actions are underway to appoint members for the 4 th Land Commission; the Terms of Reference and composition of the Commissioners have been finalised and the Land Commission is expected to be appointed shortly. c. Provision of land to the landless people: Nearly 316,055 persons have registered as landless (those who do not have legal documents for the lands in which they reside) and action will be taken to give them the ownership of State land through land Kachcheries. III. Measures towards reconciliation a. Launch of the Tri-Lingual Policy: The 10-year National Plan for a Trilingual Sri Lanka was launched in January 2012 for the implementation of the Trilingual Policy. b. Recruitments to Public Service through Special Arrangements 8
In order to increase the intake of Tamil speaking candidates to serve exclusively in Northern and Eastern Provinces, the Cabinet approval was granted in 2011 to amend the Service Minutes of all Island services. Arrangements were made to increase the intake of Tamil candidates in other services on similar grounds. In 2012 44 officers were appointed to Sri Lanka Administrative Service and 26 officers were appointed to Sri Lanka Agricultural Service. In addition to the above, 1325 Samurdhi*Officers [*Poverty AlleviationProgramme), 849 police Officers and 649 Nurses were appointed in 2012. [Subsequently the number of appointments has been increased]. c. Appointment of Tamil speaking law enforcement officers to the North and East: Currently, there are 2,207 police officers who speak Tamil, working in the North. And 2,326 Tamil speaking police officers are serving in the Sri Lanka Police. 3,849 Tamil civilians from North were recruited to Department of Civil Security, including 665 former LTTE combatants. d. Laws to criminalise hate speech : A draft amendment to the Penal Code to criminalize Hate Speech has been submitted to the Cabinet of Ministers by the Minister of National Languages and Social Integration. The Cabinet has referred it to the Cabinet Sub Committee on Legislation for recommendations. e. Promotion of ethnic and cultural harmony Action is being taken to promote ethnic and cultural harmonythough schools curricular, tertiary education, sports and the arts. f. General amnesty granted to all child soldiers, treating them as victims of war: All LTTE Child ex-combatants were treated as victims, not as perpetrators. IV. Institutional arrangements/ law and order issues a. Placement of the Police Department under a civilian Ministry: A new Ministry of Law and Order was created in August 2013, removing the Police Department from the purview of the Ministry of Defence. b. Departmental Orders (Police) to make its services people-friendly and more effective: The Circular No. 2328/2011 of 29 th December 2011 issued by the Inspector General of Police titled, Safety of the persons in police custody made a clear improvement to the relevant Departmental Orders. Legal Aid was made available to those in detention or in custody on judicial orders, especially when they come from low income segment of the society. c. Amendments to the laws governing torture: New measures were introduced by amending the relevant laws to empower the Provincial Courts as well as in granting bail in relation to certain cases of serious nature. As a result, 9
applications for bail in relation to almost all cases could be presented to any court of Criminal Jurisdiction of first instance. Sri Lanka Police and the Human Rights Commission of Sri Lanka in conjunction with UNDP launched an effective awareness programme throughout the country to educate the public about their fundamental rights including anti torture policy. d. Amendments to the Penal Code to criminalise enforced disappearances: The Ministry of Justice has formulated a draft amendment to the Penal Code to criminalize enforced disappearances, and has commenced processing of it in accordance with the established procedure. V. Steps taken to strengthen/ protect human rights: a. Development of the National Action Plan for Human Rights (NAPHR): The Action Plan is in eight parts representing eight thematic areas. They are each in the form of a matrix consisting of Focus Area, Goal Issue, Activities, Key Performance Indicators, Time Frame and Key Responsible Agencies. A Cabinet Sub Committee has been set up to monitor the implementation of the Plan. It is supported by a Monitoring Committee consisting of senior government officials from across the sectors. The Action Plan is the result of a Government and people deciding to take concrete action to bring about positive change. In developing the Action Plan, the Government assessed the measures in place to protect and promote human rights, identify areas that need improvement and have committed ourselves to improving the protection and promotion of human rights. b. Introduction/ formulation of Witness and Victim Protection Bill: The Ministry of Justice re-submitted the proposed Victims and Witness Protection Bill to the Cabinet of Ministers in August, 2013 together with the Attorney General s Department observations. 3. Proposed Constitutional Reform/13 th Amendment: A Parliament Select Committee has been set up to discuss this matter since Constitutional reforms need a two-third majority. 4. Democratisation of former areas of conflict and restoration of civil/political rights of the people: a. Eastern Provincial Council Election: Eastern Provincial Council election was held in 2008 and a former LTTE child soldier was elected as Chief Minister at that election. b. Northern Provisional Council Election: 10
The Northern Provincial Council Election was held on 21 September 2013 for the first time since the introduction of the Provincial Council system in Sri Lanka in 1987. The ruling coalition secured 18.38% of the total votes polled and the UNP secured 0.68%, while the ethnic Tamil party the Ilankai Tamil ArasuKadchi (ITAK) secured 78.48%. 5. Engagement with the UN system and its human rights mechanisms: a. Participation at the UPR 2 nd Cycle: Sri Lanka during its UPR second cycle in November 2012, briefed the Human Rights Council in detail on progress on the different aspects of the reconciliation process. Sri Lanka accepted to implement recommendations of the LLRC in line with the National Plan of Action for their implementation and to make available the financial and other resources for such implementation. Additionally Sri Lanka made 19 voluntary commitments in relation to the UPR. b. Engagement with the OHCHR - Visit by HCHR in August 2013: Ms. Navanethem Pillay, United Nations High Commissioner of Human Rights (UNHCHR) undertook a week-long official visit to Sri Lanka in August 2013 on the invitation extended by the Government of Sri Lanka. The Government of Sri Lanka arranged a comprehensive programme, including the field visits to the former conflict affected Northern and Eastern Provinces and meetings with all political parties and civil society. She was provided unfettered access during this visit, a fact she has acknowledged. c. Visit by the SR on the HR of IDPs in December 2013: The Special Rapporteur on the Human Rights of IDPs Dr.ChalokaBeyani undertook a fourday official visit to Sri Lanka in December 2013 on the invitation of the Government of Sri Lanka. Dr.Beyani was able to assess the progress with regard to resettlement of IDPs and provision of durable solutions to the IDPs since the end of the terrorist conflict in 2009. d. Invitations already extended to SRs who requested to visit: The GoSL extended an invitation to the Special Rapporteur on Education to undertake a visit in January 2014. SR on Education has regretted visiting Sri Lanka during 2014. The Special Rapporteur on the Human Rights of Migrant Workers Mr. François Crépeau, is scheduled to visit Sri Lanka from 19-26 May 2014, on the invitation of the GoSL. 28 January 2014, Sri Lanka Embassy Brussels 11